In Texas, employers have the option to forgo traditional workers’ compensation insurance, making them non-subscriber employers. While this choice affects injury claims, it does not absolve employers of their responsibility to provide a safe workplace. Understanding workplace safety requirements is crucial for employees working under non-subscriber employers, as their rights and legal protections differ from those in workers’ comp systems.
At Armstrong Personal Injury Law, Warren Armstrong helps injured workers navigate the legal landscape of non-subscriber workplace injury claims as a seasoned work injury attorney. This article outlines employer obligations, employee rights, and legal recourse when workplace safety requirements are neglected.
Legal Obligations of Non-Subscriber Employers in Texas
Texas employers who opt out of workers’ compensation must still adhere to state and federal safety regulations. While they are not bound by workers’ comp rules, they must comply with the Occupational Safety and Health Act (OSHA) and other applicable laws.
Non-subscriber employers have a common-law duty to maintain a reasonably safe work environment. Failure to do so can result in liability for workplace injuries. Key obligations include:
- Providing proper safety training. Employees must receive adequate instruction on equipment use, hazard recognition, and emergency procedures.
- Maintaining equipment and facilities. Employers must ensure tools, machinery, and workspaces meet safety standards.
- Addressing known hazards. If an employer is aware of a dangerous condition, they must take corrective action.
- Complying with OSHA standards. Even non-subscribers must follow federal safety guidelines where applicable.
Unlike traditional workers’ comp cases, injured employees in non-subscriber workplaces must prove employer negligence to recover damages. Strong evidence of safety violations strengthens these claims.
OSHA Regulations and Non-Subscriber Workplaces
While OSHA primarily governs workplace safety at the federal level, its standards still apply to most Texas employers, including non-subscribers. OSHA’s General Duty Clause requires employers to provide a workplace free from recognized hazards.
Key OSHA Standards Affecting Non-Subscriber Employers
- Hazard communication. Employers must inform employees about chemical hazards through proper labeling and safety data sheets.
- Fall protection. Construction and industrial workplaces must implement guardrails, harness systems, or other fall prevention measures.
- Machine guarding. Moving parts on equipment must be shielded to prevent amputations or crushing injuries.
- Personal protective equipment (PPE). Employers must provide and enforce the use of helmets, gloves, goggles, or respirators where necessary.
If an employer violates OSHA regulations, employees may file a complaint with OSHA, which can lead to inspections and penalties. However, OSHA does not handle private injury claims—employees must pursue legal action separately.
Employee Rights in Non-Subscriber Workplaces
Workers in non-subscriber environments retain important rights, including the ability to refuse unsafe work and seek legal action if injured due to employer negligence.
Right to Refuse Unsafe Work
Employees can legally refuse work they believe poses an imminent danger. However, this right is not absolute—the refusal must be based on a reasonable belief that the task could result in serious injury or death. Steps employees should take:
- Notify the employer immediately about the unsafe condition
- Document the hazard with photos, witness statements, or written reports
- Follow company reporting procedures (if available)
Retaliation for reporting unsafe conditions is illegal. If an employer fires, demotes, or otherwise punishes an employee for raising safety concerns, they may face legal consequences.
Right to Pursue Legal Action
Since non-subscriber employers lack workers’ comp immunity, injured employees can sue for damages if negligence contributed to their injury. Potential compensation includes:
- Medical expenses (past and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Punitive damages (in cases of gross negligence)
Unlike workers’ comp, lawsuits require proving fault, making strong documentation essential.
Legal Recourse When Safety Standards Are Violated
If a non-subscriber employer fails to meet workplace safety requirements, injured employees have several legal options:
Filing a Personal Injury Lawsuit
Warren Armstrong assists workers in building negligence claims by gathering:
- Safety violation records (OSHA reports, internal complaints)
- Medical documentation linking injuries to workplace conditions
- Witness testimony supporting unsafe practices
- Expert analysis of safety failures
OSHA Complaints
Employees can report violations directly to OSHA, which may investigate and issue citations. While this doesn’t provide direct compensation, it strengthens a civil case.
Retaliation Claims
If an employer punishes an employee for reporting hazards, they may face a retaliation lawsuit under OSHA or state whistleblower laws.
Steps to Protect Your Rights After an Injury
- Seek medical attention immediately. Delaying treatment or not adhering to your treatment plan can undermine your claim.
- Report the injury in writing. Under Texas Labor Code § 409.001, reporting the injury in writing to your employer must happen within 30 days.
- Document everything. Take photos of hazards, keep medical records on hand, and collect witness contacts.
- Consult a work injury attorney. You should consult an experienced work injury attorney before accepting any settlement offers.
Non-subscriber employers must still adhere to workplace safety requirements, and employees have rights when those standards are ignored. If you’ve been injured due to unsafe conditions, Warren Armstrong at Armstrong Personal Injury Law can help evaluate your legal options. Proper documentation and timely action are critical to securing fair compensation.
